South Africa Case Law

Adane v Jaskolka and Others (006387/2024)

Adane v Jaskolka and Others (006387/2024) [2024] ZAGPJHC 862 (12 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

006387/2024

Judges

MDALANA-MAYISELA, DOSIO

The High Court found that the applicant was not afforded a fair trial as required by section 35(3) of the Constitution and relevant statutory provisions. The absence of an Amharic interpreter meant the applicant could not understand the proceedings or the charge against him. The Magistrate's Court failed to confirm the applicant's understanding of the plea and the implications of pleading guilty, despite the seriousness of the charge and the sentence imposed. The legal representative was not conversant in Amharic, and the interpreter present was unable to facilitate effective communication. T…

Source excerpt

• Right To Fair Trial
• Language Rights In Criminal Procedure
• Interpretation Services
• Section 112 Plea
• Immigration Offences

S v Tsotetsi (R40/2020)

S v Tsotetsi (R40/2020) [2020] ZAFSHC 69 (26 March 2020)

Court

Free State High Court, Bloemfontein

Case number

R40/2020

Judges

M. A. Mathebula, P. J. Loubser

On special review, the High Court set aside criminal proceedings after finding inadequate interpretation caused a language barrier and undermined trial fairness.

• Fair Trial Rights
• Language Of Court
• Interpretation Services
• Miscarriage Of Justice
• Fair-trial-rights
• Interpretation-services

S v Griessel (355/2010)

S v Griessel (355/2010) [2010] ZAFSHC 72 (5 August 2010)

Court

Free State High Court, Bloemfontein

Case number

355/2010

Judges

Van der Merwe, R, Wright, R

The Free State High Court declined to stop magistrates’ court proceedings over interpretation concerns and remitted the matter for completion with a more experienced interpreter.

• Fair Trial Rights
• Interpretation Services
• Magistrates Court Review
• Fair-trial-rights
• Interpretation-services
• Magistrates-court-review

Sonke obo Pedro v Commission for Conciliation. Mediation and Arbitration and Others (C814/2005)

Sonke obo Pedro v Commission for Conciliation. Mediation and Arbitration and Others (C814/2005) [2007] ZALCCT 8 (7 March 2007)

Court

Labour Court Cape Town

Case number

C814/2005

Judge

Deon Nel

The Labour Court set aside a CCMA award after finding material interpretation problems, inadequate treatment of contradictory evidence, and unfair limitation of cross-examination.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Interpretation Services
• Disciplinary Procedure
• Labour-law

S v Mofokeng (59/2005)

S v Mofokeng (59/2005) [2005] ZAFSHC 117 (3 February 2005)

Court

Free State High Court, Bloemfontein

Case number

59/2005

Judges

M Voges, CHG van der Merwe

High Court review of an ongoing magistrate’s trial over alleged interpreter errors was declined; the matter was sent back for the trial to be completed.

• Fair Trial Rights
• Interpretation Services
• Review Jurisdiction
• Fair-trial-rights
• Interpretation-services
• Criminal-review-jurisdiction

Sydow en Andere v S (A66/2002)

Sydow en Andere v S (A66/2002) [2002] ZAWCHC 66; [2003] 1 All SA 118 (C); 2003 (2) SACR 302 (C) (22 November 2002)

Court

Western Cape High Court, Cape Town

Case number

A66/2002

Judges

HJ Erasmus, Moosa

The court found that the complainant's evidence was inadmissible because it was given through an interpreter who was not sworn in as required by the rules governing interpretation in criminal proceedings. Although the interpreter was a registered sworn translator, her general oath as a translator did not suffice for her role as an ad hoc interpreter in the specific criminal trial. The irregularity was technical in nature and resulted from the magistrate's error, not from any fault of the parties. In terms of section 322(3) of the Criminal Procedure Act, the appropriate remedy is to set aside…

Source excerpt

• Fair Trial Rights
• Admissibility Of Evidence
• Interpretation Services
• Criminal Procedure
• Technical Irregularity